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Texas Constitution:Article I, Section 3: Difference between revisions
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Texas Constitution:Article I, Section 3 (view source)
Revision as of 17:22, July 3, 2023
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Finally, note that no published appellate court decision has ever detailed the origin or otherwise discussed the history of this section's unique text. Cf. ''State v. Webb'', 238 Conn. 389, [https://scholar.google.com/scholar_case?case=7451084436936559118#p409 409] (1996) (citation omitted) ("Thus, as the defendant acknowledges, the concepts of the social compact and of natural law as sources of unenumerated constitutional rights are intertwined. Indeed, we have treated the two as functionally the same. We now, therefore, reaffirm . . . that neither the social compact clause nor its counterpart, natural law, constitutes a source of unenumerated rights under our constitutional scheme."). | Finally, note that no published appellate court decision has ever detailed the origin or otherwise discussed the history of this section's unique text. Cf. ''State v. Webb'', 238 Conn. 389, [https://scholar.google.com/scholar_case?case=7451084436936559118#p409 409] (1996) (citation omitted) ("Thus, as the defendant acknowledges, the concepts of the social compact and of natural law as sources of unenumerated constitutional rights are intertwined. Indeed, we have treated the two as functionally the same. We now, therefore, reaffirm . . . that neither the social compact clause nor its counterpart, natural law, constitutes a source of unenumerated rights under our constitutional scheme."). | ||
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* ''Francois v. State'', 9 Tex.Ct.App. 144, [https://texaslegalguide.com/images/9_Tex.Ct.App._144.pdf#page=3 146] (1880) ("Sect. 3, Art. I., of the Constitution of 1876 is a literal copy of sect. 2 of Art. I. of the Constitution of 1869, as quoted above, and sect. 29 of the same Constitution is a literal copy of the twenty-third section of the Constitution of 1869, also quoted above. These provisions, it is contended, abrogate art. 386 of the Penal Code, which was passed previously—on the twelfth day of February, 1858. It is also contended that art. 386 is in contravention of the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution of the United States. We do not propose to discuss anew these questions.") | * ''Francois v. State'', 9 Tex.Ct.App. 144, [https://texaslegalguide.com/images/9_Tex.Ct.App._144.pdf#page=3 146] (1880) ("Sect. 3, Art. I., of the Constitution of 1876 is a literal copy of sect. 2 of Art. I. of the Constitution of 1869, as quoted above, and sect. 29 of the same Constitution is a literal copy of the twenty-third section of the Constitution of 1869, also quoted above. These provisions, it is contended, abrogate art. 386 of the Penal Code, which was passed previously—on the twelfth day of February, 1858. It is also contended that art. 386 is in contravention of the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution of the United States. We do not propose to discuss anew these questions.") | ||
|seo_title= | |seo_title=Article I, Section 3 of the Texas Constitution ("Equal Rights Provision") | ||
|seo_keywords= | |seo_keywords=Article 1 Section 3, Texas equal rights provision, federal equal protection clause | ||
|seo_description= | |seo_description=For thirty-five years, all court decisions have assumed that the substance of this section and the federal equal protection clause are identical. | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||
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[[Category:Civil Rights Law]] | [[Category:Civil Rights Law]] | ||
[[Category:TxCon ArtI Sec]] | [[Category:TxCon ArtI Sec]] | ||